1. This appeal arises out of a suit for possession by partition of a house mentioned in the plaint. The suit was contested by the defendant-appellant inter-alia on the ground that the suit was bade for partial partition. The trial Court framed the following issues on the basis of the pleadings of the parties:-

1. Whether the suit property originally belonged to Bishna Mal, the brother of Kishna Mal?

2 Whether the suit property is joint of the parties and they have shares in it?

3. Whether the suit is property valued for the purposes of jurisdiction and court-fees?

4. Whether the suit is within time

5. Whether the suit is bad for partial partition?

6. Whether a similar suit had been dismissed? If so, its effect?

7. Whether the defendant is owner by adverse possession?

8. Whether the defendant has effected improvements, if so, to what amount and with what effect? 9. Relief. The trial Court decreed the suit and an appeal from the judgment and decree of the trial Court at the instance of the defendant met the same fate and hence this second appeal.2. The contention raised by the learned counsel for the appellant is that the suit is bad for partial partition. He has assailed the